The Sublease Agreement is a document that allows a residential tenant to let out his or her residential place to another person for a portion of the remainder of the lease term. In other words, subleasing occurs in the instance when a person has signed a lease with his landlord and rents out the room or dwelling to another person. Most often, when subleasing, the lessor letting out the room or dwelling still remains on the lease deed. This means that the lessor is still responsible for all of the lease provisions as well as for the actions of the lessee until the expiration of the lease agreement. Some lease agreements do not allow for subleasing, so it is best to check the lease agreement before subleasing the room or dwelling.
There could be many reasons why the tenant would like to sublease his or her apartment or residential accommodation. Relocating for long periods of time when on vacation or due to work requirements mostly results in a person subleasing his dwelling. In such a case, the landlord may require that the rent be paid for the period that the residence is vacant and subleasing is one form of taking care of the rent amount. It is wise to have a written sublease agreement since the law stipulates that it should be in writing for it to be enforceable. Additionally, it provides protection to both parties. The written sublease agreement shall also provide space for the landlord to give his assent to the agreement.
Planning the sublease agreement is important, so it is advisable to see what the lease agreement says about subleasing. In case the landlord's agreement is required, the lessor may have to provide the name of the lessee as well as a copy of the proposed sublease agreement to the landlord. This will enable the landlord to evaluate the standing of the subtenant much the same way as he would evaluate a new tenant.
The sublease agreement is quite apart from assignment. In the case of assignment, the tenant vacates the leased property and the assignee takes over the premises and pays the rent directly to the landlord. In the case of subleasing,
the tenant temporarily vacates the leased property and returns on or before expiry of the lease. He or she will still be responsible to pay the rent and this he may do by collecting rent from the sub-lessor. This means that for all practical purposes, for the duration of the sublease agreement, the lessor becomes the "landlord" of the dwelling.
Sometimes the lessor leaves his or her furniture in the leased dwelling. In such cases, the sublease agreement should have special clauses that stipulate that the lessee shall take good care of the furniture for the duration of the sublease agreement. In case the furniture is left for use of the lessee, it is also advisable to have a renter's insurance that will cover these items.
Typically, the sublease agreement shall state the name of the subtenant who shall agree to sublet the dwelling from a specified date until the date when the sublease agreement shall expire. The subtenant shall also agree to leave the premises clean and in good order. The subtenant may have to pay a security amount which shall be returned to the subtenant minus any deductions for repair or damages, within a stipulated time.
The amount of rent to be paid during subleasing shall also be set out in the sublease agreement. In addition, the sublease agreement shall also state that the subtenant shall not further sublet or assign the dwelling without having received the prior agreement of the lessor. The sublease agreement may also have additional provisions which shall be set out and finally the agreement shall be signed by the lessor, lessee and in some cases, by the landlord. Their complete contact information shall also be set out in the sublease agreement.
Since the sublease agreement document is low priced and easily filled out and completed without need for drafting one, it is better to buy these documents from vendors. Why spend a lot of money and expend energy in drafting sublease agreements when there are cheaper and better means to do so? Vendors are selling these documents which are complete and all encompassing and which will fit individual needs for a few dollars. So make use of them.
Author Resource:-
Wade Anderson is a CPA and operates DigitalWorkTools.com
Click to view a Sublease Agreement
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